corporate law

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3 sources for corporate law
1 topic for corporate law
More than 10.000 documents for corporate law
  • The problem of creditor conduct in a distressed firm has vexed courts for decades. Creditor control is the key doctrinal metric, but the better metric for judicial focus is the creditor's goal. The authors show, first, that there is often no on-the-ground, operational difference between these two standards and that this helps explain why the judicial results are vexing, contradictory, and costly. The authors next show how similar problems are dealt with differently in corporate law settings. Then they show how putting a layer of basic corporate duties atop the creditor-intervention doctrines clarifies the creditor-in-control problem and shows a conceptual way out from the problem. Finally, they show that modern financial markets yield a practical way out using this corporate doctrine as...

  • D. Considering a Contractual Trump to Corporate Law Doctrine Contractual qualifications to the foregoing analysis, along with a closer look at sever...

  • This Article corrects widespread misconception about whether complex regulatory systems can be described fairly as either "rules-based" or "principles-based" (also called "standards-based"). Promiscuous use of these labels has proliferated in the years since the implosion of Enron Corp. Users show an increasing habit of celebrating systems dubbed principles-based and scorning those called rules-based. While the concepts of rules and principles (or standards) are useful to classify individual provisions, they are not scalable to the level of complex regulatory systems. The Article uses examples from corporate law, securities regulation, and accounting to illustrate this problematic phenomenon. To describe or design systems as principles-based or rules-based, analysis must account for the...

  • This Comment focuses on the debate surrounding the definition of an "instrumentality" within the Foreign Corrupt Practice Act's (FCPA) "foreign official" provision. The FCPA prohibits bribery of "foreign officials" but provides little guidance as to the types of entities included within the meaning of an "instrumentality." The Department of Justice construes this term broadly and therefore can aggressively prosecute alleged corruption. This Comment argues that courts should provide guidance on the definition of a "foreign official" within the meaning of the FCPA by applying principles of control drawn from corporate law. Such guidance would accomplish three important tasks. First, it would help corporations comply with the FCPA. Second, it would align with the approach used by foreign j...

  • The problem of creditor conduct in a distressed firm--for which policymakers ought to have the distressed firm's economically sensible repositioning a...

  • With the start of 2012, it is important to bear in mind the various amendments to the Delaware corporate and alternative entity statutes adopted in th...

  • Corporate social responsibility (CSR) is often understood as the voluntary actions firms take beyond legal compliance. However, in recent years, governments around the world have also begun to actively promote CSR, reflecting broader governance trends that embrace "soft law", quasi-voluntary standards, and other novel incentives to move companies toward and beyond minimum regulatory goals. Comparative legal scholarship has only recently begun to consider the intersections of these mechanisms with positive law, formal institutions, and traditional regulatory enforcement structures. The adoption of these policies in historically weak regulatory environments raises puzzling questions about their motivation, scope, and potential. As a leader among emerging markets, China offers an important...

  • Corporate Governance in the Common-Law World: The Political Foundations of Shareholder Power, by Christopher M. Bruner, is reviewed.

  • A system that allows the nonculpable to be punished can be described as having Type I errors, and a system that allows the culpable to go unpunished has Type II errors. This article argues that civil law and criminal law in the corporate law arena must be harmonized to restore the traditional policy preferences of allowing free access to the civil courts while harnessing prosecutorial power. In any system that determines guilt or liability, participants in that system should want to reduce both Type I errors, in which a nonculpable party is found to be culpable, and Type II errors, in which a culpable party is found not to be culpable. Because no system will ever be perfect, eliminating these errors entirely is not feasible. Should the system be altered by merely reforming criminal pros...

  • In a lecture, William C. Dudley, president, Federal Reserve Bank of New York, discussed the economic outlook and the challenges that face the Federal Reserve in terms of monetary policy going forward. On the positive side, clearly the financial markets are performing better and the economy is recovering. Also, the Federal Reserve has begun to taper its rate of asset purchases. The Treasury purchase program will end this month and the agency mortgage-backed securities purchase program by the end of the first quarter of 2010. On the negative side, the unemployment rate is much too high and it seems likely that the recovery will be less robust than desired. The Federal Reserve has been very aggressive in responding to the financial crisis. They have rolled out numerous new liquidity facili...

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